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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2209
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Savings and loans in separations- I had some money in a savings

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Savings and loans in separations- I had some money in a savings account when we separated- however all gone now as had to change car, then my business went kaput and I used the remainder to try and pay off some debts and to feed us as no maintenance ever. Mortgage was in joint names, all other debts in my sole name. I had to leave the house for my sanity- was very very bad situation and for my mental well being the solicitor advised me get away even though it has been financial suicide. He is looking to get money out of me. Would a judge order me to give him anything - the debts I have far outweigh any savings I had. He is in house paying a small sum to bank every month- huge mortgage, neg equity, arrears etc and I am renting. We have 1 child, I have 2 other children both with special needs. He is hounding me looking for a settlement! We separated well over 3 years ago. Prior to that I paid mortgage in full, pretty much all other bills. He worked but is a heavy drinker
No it is unlikely he would get anything given that you are not in family home and are rearing the children without maintenance. In fact it is more likely that you would get something from him
Customer: replied 3 years ago.
Great, thank you. I have just heard from lender and they are going to park over 80% of mortgage and no SFS review for 31/2 years. The term of loan going to be extended - sounds like 32 years and still 80. % owing, nothing ever going to be paid off capital and he gets luxury of a permenant home for €200/mth. I know with SFS there was no vouching of expenses and I firmly believe he can pay alot more. I want to voluntary surender and just be done with it. if I refuse to sign their offer , can I be forced to sign any restructuring agreement
No you can t be forced to sign any restructuring agreement
Customer: replied 3 years ago.
Great , thank you. They have mentioned that if I don't sign it goes legal then. I am telling them that I not signing as what he has told them is unvouched particularly expenses and that I want voluntary surrender unless my ex can get my name off mortgage- he welcome to house if he can. What course of action do they take when they start taking legal action? I would have been willing to sign if they asked him to pay something half decent to pay off some of the capital owing and hopefully get some equity in next 10 or so years and sell and clear mortgage.

They issue proceedings for possession of the property. You can engage a solicitor and consent to them taking possession then no more legal costs can amount against you, only against your spouse if he refuses to give possession. If he is not in a position to pay, they will obtain possession sell the property and pursue you both for the balance due

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